Please read this Agreement carefully. This Agreement contains an agreement to arbitrate all claims as well as disclaimers of warranties and liability.
Kolter Hospitality (hereinafter referred to as “Kolter”, “us”, “we”, or “our”) is providing you with these Services to familiarize you with Kolter, and its products and services. The Services are not intended to constitute an offer or solicitation. Because some jurisdictions require prior registration or other qualifications of real estate before solicitation is allowed, Kolter’s responses to your inquiries may be prohibited or limited. You agree that content or information provided to you on or via the Services is void where prohibited by law.
105 NE 1st Street
Delray Beach, FL 33444
Email address of designated agent: email@example.com
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kolter to locate the material;
- Information reasonably sufficient to permit Kolter to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
- Kolter will remove or disable access to the material that is alleged to be infringing;
- Kolter will forward the written Notification to the alleged infringer (“Subscriber”); and
- Kolter will take reasonable steps to promptly notify the Subscriber that Kolter has removed or disabled access to the material.
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication (“Counter Notification”) to Kolter â€˜s designated agent that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which Kolter may be found, and that the Subscriber will accept service of process from the Complaining Party or an agent thereof.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
- Kolter will promptly provide the Complaining Party with a copy of the Counter Notification;
- Kolter will inform the Complaining Party that Kolter will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
- Kolter will replace the removed material or cease disabling access to the removed material not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter Notification, provided Kolter’s designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on Kolter’s network or system.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Kolter from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or the Services, please contact us at: firstname.lastname@example.org